Terms of Service

Last Modified: 4/11/22
1. Acceptance of the Terms of Use; Eligibility Requirements
These terms of use are entered into by and between you and Necto Health Tech, Inc. (“Necto Health,” “Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of http://remoteptnetwork.com and https://app.remoteptnetwork.com/ (our “Website”), the Remote Physical Therapy Network (“RPTN”) mobile application (our “Mobile App”), including any content, functionality, and services offered or otherwise made available on or through our Website and Mobile App (the “Services”), whether as a guest or a registered user. The Services, together with our Website and Mobile App, are collectively referred to as our “Platform.”
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://app.remoteptnetwork.com/terms_of_service , incorporated herein by reference. If you do not agree to be bound by these Terms of Use or the Privacy Policy, you must not access or use the Platform.
Our Platform is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and are a physical therapists or physical therapist assistants currently licensed and in good standing in every state or territory of the United States in which they are licensed. It is your responsibility to ensure that your license remains in good standing with the respective state board or licensing agency. If we are alerted that your license is no longer in good standing in every state or territory in which you are licensed, we reserve the right to terminate your access to the Platform.
By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Necto Health and meet all of the foregoing eligibility requirements. If you are a physical therapist or a physical therapist assistant, you further represent and warrant that you will immediately notify us of any changes in your license status. If you do not meet all of these requirements, you must not access or use the Platform.
BINDING ARBITRATION. These Terms of Use provide that all disputes between you and Necto Health that in any way relate to these Terms of Use or your use of our Website, Mobile App, the Services, and/or the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Necto Health.

2. Services Provided – No Medical Care or Advice
Necto Health is not a medical group and does not provide medical advice, care, and/or treatment. Necto Health’s mission is to create RPTN, a private network dedicated to physical therapy professionals designed to provide them with continued clinical training through educational and explanatory videos uploaded by licensed physical therapists or physical therapist assistants who have joined RPTN.
Necto Health does not recommend or endorse any specific tests, physical therapists, physical therapist assistants, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by Necto Health, its content providers, its clients, visitors to the Platform or others, is solely at your own risk.

3. Accessing the Platform; Account Registration; Account Security
In order to use the Platform, you must create an RPTN account through the Website or Mobile App by completing our registration process in which you will be asked to provide certain registration details or other information.
When you create a RPTN account through the Platform, you agree to (i) provide, true, accurate, current, and complete information when establishing your account (“Account Information”) and (ii) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy https://app.remoteptnetwork.com/privacy_policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your RPTN account or using your RPTN account credentials. You agree to (i) protect the confidentiality of your account credentials; (ii) not share or disclose your account credentials to any third party; (iii) prohibit anyone else from using your account credentials; and (iv) immediately notify Necto Health of any actual or suspected unauthorized use of your RPTN account or other security concerns of which you become aware. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Your access to the Platform may be revoked by Necto Health at any time with or without cause.

4. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including, but not limited to, all data, files, documents, texts, photographs, displays, images, audio and video, software, any materials accessed through or made available for use or download through the Platform, and all content uploaded to the Platform by users) are owned or licensed by Necto Health, or its third-party licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· Our Platform does not allow for the ability for you to download videos from the Platform for your own personal, non-commercial use. You are not permitted to attempt to download videos for any purpose, including but not limited to, for further reproduction, publication or distribution.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
· If we provide social media features https://remoteptnetwork.com/ with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any Content from the Platform.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
· Access or use for any commercial purposes any part of the Platform or any Services or Content available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to support@remoteptnetwork.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any Content on the Platform is transferred to you, and all rights not expressly granted are reserved by Necto Health. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, which is not granted via these Terms of Use. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate Necto Health, a Necto Health employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Necto Health or users of the Platform or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy Content on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
· Use any manual process to monitor or copy any Content on the Platform or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Platform.
· Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
Violations of system or network security may result in civil or criminal liability. Necto Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

7. User Contributions
The Platform may contain videos, message boards, live streaming and recorded events, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our licensees, successors and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license and right to copy, reproduce, modify, perform, display, exhibit, distribute, publish, edit, revise, alter, modify adapt, create derivative works from, and otherwise use and disclose to third parties any such material for any purpose (the “License”. By way of clarification and not limitation, the License shall apply to all aspects of User Contributions, including all or any portion of your name, alias, biographical information, appearance, image, photograph, sound of voice, presentation/display, quotes/excerpts of written or verbally expressed works, video and audio recordings or other likeness of you (collectively, “Likeness”).
You agree to and do waive the right to inspect or approve the use of your Likeness and User Contributions. Additionally, you waive any right to royalties or other compensation arising from or related to the use of your Likeness and User Contributions. Except as prohibited by applicable law, you hereby waive any moral rights (including attribution and integrity) that you may have in any Likeness and User Contributions. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
You represent and warrant that:
• You will not use any actual patients and will not include, share, or use any “protected health information” (“PHI”), as that term is defined in 45 C.F.R. § 160.103, of any kind in any User Contributions posted to the Platform.
· The language and contents of the User Contributions do not infringe upon any third party’s rights, including without limitation intellectual property rights, that the User Contributions do not plagiarize third party works, that the User Contributions do not libel or slander any third party, and that the User Contributions are not the subject of any litigation or any claims or disputes which may give rise to litigation
· You exclusively own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use, and you will ensure that any individuals other than yourself who assist with or appear in any User Contributions have agreed to these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Necto Health, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
You hereby hold harmless, release and forever discharge Necto Health from all claims, demands, liability and causes of action arising from or in connection with: (i) the use of your Likeness and User Contributions, including, without limitation, any claims for personal injury, wrongful death, property damage, emotional distress, defamation, intellectual property infringement, false light, false endorsement and/or breach of the rights of privacy or publicity; and/or (ii) any breach or anticipated breach by me of any provision hereof. You agree and covenant not to bring any proceeding against any Necto Health relating to the foregoing.

8. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Depict any actual patients or individually identifiable health information.
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://app.remoteptnetwork.com/privacy_policy].
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve solicitations for charitable donations, commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
· Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Our designated Copyright Agent to receive DMCA Notices is:
Name: Michael Severo
Address: 22 Boston Wharf Rd, 7th Floor
Boston, MA 02210
Email: support@remoteptnetwork.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11. Reliance on Information Posted
The information presented on or through the Platform, including, but not limited to, any videos and procedures demonstrated in such videos, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.
We also do not (i) confirm the credentials or license of any physical therapist or physical therapist assisting using the Platform or (ii) validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Platform in accordance with laws applicable to their scope of practice.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, vendors, sponsors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Necto Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Necto Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Compliance with CAN-SPAM Act
Necto Health is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). E-mails received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please Contact Us.

13. Links to Other Sites
We make no representations whatsoever about any other website that you may access through the Platform. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. Geographic Restrictions
The owner of the Platform is based in the state of Massachusetts in the United States. We provide this Platform for use only by persons located in the United States or any of its territories. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Disclaimer of Warranties
THE PLATFORM AND ALL OF ITS CONTENT AND INFORMATION AND ANY PLATFORM-RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE PLATFORM AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO OR USE OF THE PLATFORM OR PLATFORM-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS IN THE PLATFORM OR PLATFORM-RELATED SERVICES WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY SERVICES OR CONTENT OBTAINED ON OR THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME FULL RESPONSIBILITY FOR USING THE PLATFORM, PLATFORM-RELATED SERVICES, THE INFORMATION ON THE PLATFORM, AND LINKED WEBSITES ON THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT NECTO HEALTH, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND THIRD-PARTY LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.
NECTO HEALTH DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOAD THROUGH THE PLATFORM WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. NECTO HEALTH DOES NOT WARRANT THAT ANY CONTENT UPLOADED BY NECTO HEALTH, YOU OR ANY OTHER USER THROUGH OR TO THE PLATFORM WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY NECTO HEALTH MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

16. Limitation on Liability
NECTO HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, EMOTIONAL DISTRESS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR LINKED WEBSITES, IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF NECTO HEALTH TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS FIVE HUNDRED DOLLARS ($500). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS OR CLAIMS THAT LIMIT THE EFFICACY OF THE LIMITATIONS ON NECTO HEALTH’S LIABILITY AND THE INDEMNIFICATIONS AND/OR RELEASES SET FORTH IN THESE TERMS OF USE.

17. Indemnification
You agree to indemnify, defend, and hold harmless Necto Health, its affiliates, officers, directors, employees, third party licensors, contractors, and agents (the “Indemnitees”) from and against all third party claims, losses, expenses, damages, and costs, including, without limitation, lost wages, revenue, or business and reasonable attorneys’ fees, expert fees, and court costs, against or incurred by the Indemnitees arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform or any of its Content, the Services (including any Interactive Services), or your RPTN account; (ii) your User Contributions; (iii) your breach of these Terms of Use or our Privacy Policy; (iv) your noncompliance with applicable law; (v) any unauthorized access to the Platform by a party using your credentials to your RPTN account; or (vi) your violation of any rights of any third party.

18. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in the City of Boston and County of Suffolk. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Platform if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to an individual’s satisfaction.
You and Necto Health agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including donations and purchases made through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Necto Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Necto Health.
If you desire to assert a claim against Necto Health, and you therefore elect to seek arbitration, you must first send to Necto Health, by certified mail, a written notice of your claim (“Notice”). The Notice to Necto Health should be addressed to: Necto Health Tech, Inc., 22 Boston Wharf Rd, Boston, MA 02210, Attention: Legal Notices (“Notice Address”). If Necto Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Necto Health, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If Necto Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Necto Health may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Necto Health or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Necto Health receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Necto Health and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Necto Health’ last written settlement offer made before an arbitrator was selected (or if Necto Health did not make a settlement offer before an arbitrator was selected), then Necto Health will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND NECTO HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Necto Health agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for located in and for Boston, Massachusetts in accordance with Massachusetts law, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

20. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

21. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Necto Health with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

22. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
We will notify you of any changes we make to our Terms of Use by e-mail to the e-mail address specified in your account. If we make material changes to these Terms of Use, we will notify you by e-mail to the e-mail address specified in your account and through a conspicuous banner or posting on the home page our Website and Mobile App.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

23. Contact Us at:

Necto Health Tech, Inc.
22 Boston Wharf Rd, 7th Floor
Boston, MA 02210
Phone: (978) 296-8460
E-mail: support@remoteptnetwork.com